People v. Moore

Mikoll and Harvey, JJ.,

concur in part and dissent in part in a memorandum by Mikoll, J. Mikoll, J. (concurring in part and dissenting in part). We respectfully dissent.

Defendants contend that the People had a full and fair opportunity to sustain the sufficiency of the eavesdropping warrant in the Chenango County case and that, in failing to do so, they should be foreclosed from a second opportunity on the ground of collateral estoppel. Reargument was denied on the basis that the issue of probable cause was an unmixed question of law to which the concept did not apply. Supreme Court also held,…